Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1887-05-28
INTERSTATE LAW.
Chairman Cooley Defining Powers
of the Commission
Upon Applications of Railroads for the Sus.
pension of the Long and Short-Iiaul
Clause of tho Interstate
Commerce Bill,
CHAIRMAN COOLEY's LITTER.


WASHINGTON, May 49, 1887
J. H. Hanlcy, Traffic Manager Minneapolis &
Northwestern Railway Company:
DEAR SIR-rhe commission is in receipt OF n
telegram from you, by which you urge the
prompt making OF an order for relief unon thc
application heretofore filed for the susncnsion
OF tlte long aud short maui clause, - In 50 far as
il Affects at certain points the business of the
road under your charge. You state, and no
doubt believe that the interests of the road are
being very seriously injured by the enforcement
OF that clause.
II relief could be given you, without stretch
OF authority and without at the same time
causing mischief to other interests, the com
mission would take great pleasure in granting
IT. But what evidently appears to you very
easy and simple does not seem TO its members
to be So and however anxious they are that
your interests should not continue to suffer they
are constrained TO hold the application under
udviscmcnt Still longer. Perhaps the delay en-.
ties you 10 some further statement Of reasons
than has hitherto been given and though these
cannot be gone into at length, it is hoped that a
brief summary will bc sufficient TO satisfy Won
that the commission does not act arbitrarily and
would not Willingly suffer mischief to continue
II u remedy, both lawfully and safe, could be
found within its power. The fourth section of
the "act To regulate commerce, as we all very
well understand, was intended to establish the
general law that more should not be charged
lOngcrhaul over the same line in the same
direction under circumstances and conditions
substantially similar.
Railroad companies, including your own, had
before its passage, been accustomed in many
cases 10 charge more for the shorterhaul. iudg.
ing for themselves whether the circumstances
and conditions authorized or required IT, Con
grcSS, III passing the act, decided that the rule
should thereafter preclude this greater charge,
and in so dong it must be understood to have
determined that, in its judgment and incl
dental injuries that might flow from the inforce.
ment OF the general rule would be more than
countcrbaanccd by resulting benefits.
Whatever opinion any member OF the commits
sion may have OF the correctness Of this deter
minatiOn, 1t is of no moment now, for the com,
mission is as much bound by II as are the car
ricrs OF persons and property, and any question.
ing OF IT by any member would be an impert-
nence The commission, OF course, does not cx.
poct TO question it, but inforcc 1t so far as it
may fall within its duty TO do so. The act, ncy-
crthelcSS, contcmplates that there may be cases
in which the public interest will be subscryed
by suspendng the general rule so far as TO ex-
ccpt such cases from It's operation The com.
mission will not at this time, enter upon q
critical examination OF provisions which was
made for such suspension, but 1t may be useful
to call your attention 10 a few considerations
which are obvious on the face of the law.
l. II is obvious that the cases the law contem.
~
make orders for suspension, are exceptional
cases; that is to say, cases where facts make
them stand apart from the ordinary case The
act does not define them; II does not state
grounds that shall warrant relief, but 1t plainly
intends that those grounds In every case shall
be special and peculiar, and that, where only
general reasons operate the general law shall
be left TO its general course, however serious
may be the consequences IN particular cases
and to particular roads and interests
9 1t is also made plain by the act that any
order for suspension was intended TO be based
upon an investigation, which would satisfy the
commission that the case was in fact exception
al and fairly within the intent OF the provision
inadC for the relief. The jurisdiction Of the
commission 10 make orders was evidently meant
10 be somewhat closely restricted. The com
mission, in its correspondence Is every day
made aware of thn prevalence, in some quar-
ters, of a vague notion that power has been CON
fcrrcd upon 1t to interfere anywhere, and for
any reason satisfactory TO itself in order 10 pre-
vent what II may think is likely to be harmful; ;
but you, of course, indulge no such baseiess no
ton The commission as You will agree, must
find its authority in the law and not IN Its own
ideas Of right or policy.
J. II must be assumed that Congress intended
the general law, in It's main feature at least TO
be permanent law for the country II must,
therefore, have contemplated that considerable
sacrifices would necessarily be submitted to by
cral law was being established, for the reason
that it would be quite impossible TO introduce
considerable changes in branch OF the law
which concerns SO intimately the commerce OF
the country without serious consequences to
some private interests. In all such eases the
incidental injuries, however great they may be,
are necessarily borne for the general good, and
II the Legislature miSiudgcs as To what the gen
eral good demands, II is to be expected that in
due time It will provide the remedy.
The first questions 20 confront the commits
sion upon It's organization were raised under the
fourth section OF the act. Cases in which com
panics were charged more for the shorter hauls
than for the louger.haul over the same line IN
the same direction, were To be met with IN all
parts Of the country. The reasons for doing
this were thought by the managers, in many
cases, TO be absolutely imperative, and TO con
as that OF the roads themselves, The interests
which were involved in the continuance of the
custom were very great ana anticipation oil Sc
rious injury from any sudden change was III
some quarters, quite general. The commission
therefore had very earnest appeals made to 1t
in support of the corporate applications ior re-
lief, from boards OF trade and other puhhc or
sCmi-publc bodies, and from representatives OF
large business interests which feared, or pro
fcssed 10 fear, destruction or bankruptcy; In
many cases the appeals seemed TO be maze III
the belief that the probability Of injury was OF
a
interfere and grant relieving order.
It's scarcely necessary to say TO you that any
such help is without legal support. The prop
ability, or even the certainty, that INJURY 10 cor
porations or individuals will result, is not by
itself under the act any ground for a suspen-
sion any where of its ordinary opinions. II
could not, in fact be made ground for relei
without giving the commission, such general
dispensing power as would not be consistent
with sound principles of government. ConsrSss
has not intimnted u purpose To give such
power II the law in its general operation were
To prove generally and equally mischievous in
all directions the commission instead OF having
the greater power for that reason would on the
other hand, have no power of suspension What-
ever, for the simple and pam reason lhil ll'crt
would then be no exceptional cases Tor II TO ael
upon and therefore no cases referred by the acl
to its Judgment. But uniform effects were, OF
course, rs far from being possible as lhey were
from being contemplated. There must ana VIII
be- exceptional eases. In the absence OF any
specification OF these, in the act ITSELF the com
mission was obliged to determine as pes, !,
might, what case was probably IN the NINA OF
Congress when the exceptional relief was pro
vided for. II also found itself coninhtcu WIN
the question whether in any particular case lhe
circumstances and conditions were SO iar ulner'
erent as to justify the greater charge lor IN. ~.
shorthaul, or whether, on the other nanu' II
was only upon and IN view Of such diheront CIR,
cumstances and conditions that the commission
was empowered TO act. z
Upon these subjects the debate in CONGRESS
might be expected to throw some llghI pu. ,h, ],
commission felt itself justified II not compeleu1
TO look beyond the record, and to seek susu ~ aIu =
In construction as might be derived from U
study OF the condition OF things pertalhlhR W
the transportation of persons ana propo'.S y.
which Congress had, by the act, uhuer'aNoh W
deal with. a.
The suspension authorized by the act was 70
be ordered after investigation rms WIS p,anns pnnn,
ly determined by the act itself. III tne oiuo,
was to have any fnality II would be proper .i,a ia
the Investigations should afford opporlul,'s 'o' W
q hearing to parties who opposed, as wen w. "
those who favored the application. Inis ~V",S anS
require considerable time IN every ensc, n, nn,
had the commission made no order eNreps prncn Jpv
full and final hearing, the majority oi aPP,," nv
tons now on its file would, up TO thls li'ic' "'''
necessarily remained not acted upon.
II the applications were taken up IN ,helr VI
der yours would have been among thosu nU
yet reached. This fact is mentioned rs shoMint
other cases has not placed yours in any wols, "
position than II would necessarily nav p..r hoo,
pied II tho temporary orders hau NOV u'', i
made. The commission, however ueeuv' Ia y
wise to grant some temporary orders Oh o,n, an ~,
vestigaton not rs complete ~ IL uNpn.i,c
finally to make. This was done in tme pv,,n ",nn
that no considerable mischief could iolloW l'v1 ~
allowing nm existing condition of thihgs " ,hn, ~
muin for q brief period, whether u was INT. rn
suffered TO stand or not, and that haril'ua ob
suits from sudden change IN the IaN NH,
thereby. 10 some extent bo averted' lnl'
course also gave the commission such an m Up
portuni,y for careful study OF the sys'vn'i'
which Congress undertook to reform, Us myn,, ,av
otherwise have been wanting. II me hvm NV ia, vi,
had been left to operate universally o,ray n
state OF things would have been swept n".jb bn,
once, and the commission, seeing only VIM VIM ".' ao
been substituted for IT, would have opy py,u mean M